South Dakota § 21-35-23 Allowance of expenses where judgment greatly exceeds offer.

South Dakota Statutes

§ 21-35-23 — Allowance of expenses where judgment greatly exceeds offer.

South Dakota § 21-35-23

Title 21JUDICIAL REMEDIES

Ch. 21-34CONDEMNATION UNDER POWER OF EMINENT DOMAIN

This text of South Dakota § 21-35-23 (Allowance of expenses where judgment greatly exceeds offer.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 21-35-23 (2026).

Text

If the amount of compensation awarded to the defendant by final judgment in proceedings pursuant to this chapter is twenty percent greater than the plaintiff's final offer which shall be filed with the court having jurisdiction over the action at the time trial is commenced, and if that total award exceeds seven hundred dollars, the court shall, in addition to such taxable costs as are allowed by law, allow reasonable attorney fees and compensation for not more than two expert witnesses, all as determined by the court.

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If the amount of compensation awarded to the defendant by final judgment in proceedings pursuant to this chapter is twenty percent greater than the plaintiff's final offer which shall be filed with the court having jurisdiction over the action at the time trial is commenced, and if that total award exceeds seven hundred dollars, the court shall, in addition to such taxable costs as are allowed by law, allow reasonable attorney fees and compensation for not more than two expert witnesses, all as determined by the court.